An Ineffective Disguise | Theft in Fort Collins

A man tried to disguise himself to avoid theft charges, but it didn't work. Read more in our blog.
A man tried to disguise himself to avoid theft charges, but it didn't work. Read more in our blog.
Image Credit: Pixabay – OpenClipart-Vectors

When police are chasing a person, and that person knows they have done something wrong, panic is not an uncommon response. A suspected car thief must have been in panic mode when he spray painted his own face black in order to try and hide from the police officers who were chasing him. After being caught with a stolen vehicle, the man initially fled and used a can of black pray paint to cover his face and neck with the hope this would get the police off his track. The police statement claims his disguise was ‘ineffective’ as he was found, arrested and is currently being held on a $35,000 bond. The man faces multiple Theft charges, along with Eluding the Police.

What is Theft in Larimer County?

C.R.S. 18-4-401 – Theft – is defined by Colorado law as:

A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:

(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;

(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;

(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;

(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or

(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.

Basically, Theft in Larimer, Boulder, and Grand County is taking something of value from someone else, without their permission, and with the intent of never giving it back. The news story explained that the spray painted man did not actually steal the car, but somehow ended up in possession of the stolen car. Colorado law explains in C.R.S. 18-4-404 – Obtaining Control Over Any Stolen Thing of Value – that “every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.” This means if the man knew the car he was driving was stolen, he can be charged with the Theft of the car even if he was not the one who actually took it.

Fleeing to Find a Disguise: What is Eluding a Police Officer in Fort Collins?

Colorado law defines C.R.S. 42-4-1413 – Eluding or Attempting to Elude a Police Officer – as:

Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado State Patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

Because the man knew the police were going to arrest him, he drove off in an attempt to get away and avoid criminal charges. Really, this only made things worse, because now he is facing the added charge of Eluding a Police Officer. While it is not as serious as the felony charges he will be facing for Theft, it is still a misdemeanor charge that will show up on his criminal record and can add potential jail time and fines. He could possibly be charged with Vehicular Eluding too. Read more about Vehicular Eluding here.

If you or a loved one has been arrested for Theft or Eluding a Police Officer in Fort Collins, Loveland, or Estes Park, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 658-0007 immediately to schedule a free consultation. We can even set-up a lawyer visit to an inmate at the Larimer County Jail. Together, we can protect your future.